1. Is it a penalty to be sentenced to criminal detention for drunk driving?
Criminal detention is a punishment, so drunk driving is considered as a punishment.
Second, how to punish drunk driving?
Whoever drives a motor vehicle after drinking alcohol (blood alcohol content is above 20mg/ 100ml, 80mg/ 100ml) shall be fined in 500 yuan, with 6 points recorded and his driver's license suspended 1 to 3 months.
Drunk driving a motor vehicle (alcohol content above 80 mg/100 ml 130 mg/100 ml) shall be detained for 8 days to 10 days, with the driver's license suspended for 5 months, and fined 1800 yuan.
Those who drive a motor vehicle after being drunk (blood alcohol content is above 130mg/ 100ml) shall be detained from 13 to 15, their driving licenses shall be suspended for 6 months, and they shall also be fined 1800 yuan, with 12 points.
Driving and operating a motor vehicle after drinking was detained for 3 months, and 500 yuan was fined, with 6 points recorded.
Anyone who drives or operates a motor vehicle after being drunk shall be detained from 13 to 15, and his driver's license shall be temporarily suspended for 12 months, and he shall be fined 2000 yuan, with 6 points recorded.
If you are punished for drunk driving for more than 2 times within one year, your driver's license shall be revoked.
The third paragraph of Article 12 of the Regulations on the Application and Use of Motor Vehicle Driving License stipulates that those who have been revoked for less than two years may not apply for a motor vehicle driving license.
Third, the difference between drunk driving and drunk driving
Driving a motor vehicle when the alcohol content in the driver's blood is more than (equal to) 20 mg/100 ml and less than 80 mg/100 ml is drunk driving, and driving a motor vehicle when the alcohol content is more than (equal to) 80 mg/100 ml is drunk driving. Drunk driving and drunk driving are serious traffic violations and should be punished by laws and regulations. Judging from the harm, drunk driving is far more harmful than drunk driving.
According to Article 91 of the Road Traffic Safety Law of the People's Republic of China, anyone who drives a motor vehicle after drinking alcohol shall be detained for more than one month and less than three months, and shall be fined between 200 yuan and 500 yuan; Driving a motor vehicle after drunkenness shall be restrained by the traffic administrative department of the public security organ until it wakes up, detained for less than 15 days and temporarily detained for more than three months and less than six months, and imposed with a fine of more than 500 yuan and less than 2,000 yuan; At the same time, anyone who drives or operates a motor vehicle after drinking alcohol will be detained for three months and fined 500 yuan; Drunk driving and operating a motor vehicle shall be restrained by the traffic administrative department of the public security organ to sober up, detained for less than fifteen days and given a motor vehicle driver's license for six months, and fined 2,000 yuan; If you are punished for driving a motor vehicle after being drunk for more than two times in one year, your motor vehicle driver's license shall be revoked and you shall not drive or operate a motor vehicle for five years.
Since criminal detention itself belongs to a kind of punishment, so does criminal detention under drunk driving, which answers the question of whether criminal detention under drunk driving is a punishment. In judicial practice, how to punish drunk driving is determined according to the alcohol concentration in the driver's blood, combined with the damage already caused to determine the social harm, and criminal detention is only a lighter punishment.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 133-1 of the Criminal Law of People's Republic of China (PRC), whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.